# In the matter of Coastal Marine Construction and Engineering Ltd. T.C.P. No. 448-(MAH)-2017

> NCLT judgment dated 2017-08-18. Citation: TCN-2017-NCLT-00591. The case involves a petition transferred from the High Court. The petitioner initially filed…

- **Court:** NCLT
- **Order date:** 18 Aug 2017
- **Citation:** TCN-2017-NCLT-00591
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/coastal-marine-construction-and-engineering-ltd-tcp-no-448-mah-2017-1b17fea7

## Summary

### Background

The case involves a petition transferred from the High Court. The petitioner initially filed the requisite form without paying the necessary fees in June 2017. Subsequently, another form was filed on July 12, 2017, along with a fee of Rs. 2000. The respondent counsel argued that since CP 1194 survives, the petitioner should serve the respondent debtor with the requisite form.

## Facts

Premier Global Logistics Ltd. filed a case against Coastal Marine Construction & Engineering Ltd. The case, TCP 448/MAH/2017, was initially filed with a defective form, as the petitioner did not pay the required fees when submitting the form transferred from the High Court in June 2017. A subsequent form was filed on July 12, 2017, with a fee of Rs. 2000. The amount of debt is Rs. 2,25,260. The court directed the petitioner to serve the respondent debtor with the requisite form, with a hearing scheduled for September 8, 2017. However, the petition was ultimately dismissed because of the defective form.

## Issues and analysis

### Issue 1: Whether TCP 448/MAH/2017 should survive given …

**Ratio:** A case should not survive if it

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**Reasoning:** The court reasoned that the initial form filed by the petitioner was defective because it

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**Interpretation:** The interpretation is that procedural compliance is essential for a case to

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**Application:** The court applied the ratio to the facts by determining that the defective form

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## Parties

- **Judges:** M.K. Sh…; Bhaskara Pantula…
- **Appellants:** Premier Global…
- **Respondents:** Coastal Marine…

## Timeline

- **2017-06-01 — Initial Form…**: The petitioner filed the requisite form transferred from the High Court without paying…
- **2017-07-12 — Subsequent For…**: The petitioner filed another form…

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